Robert William Regan v Perilya Broken Hill Limited [2011] NSWIRComm 13

Robert William Regan v Perilya Broken Hill Limited [2011] NSWIRComm 13

Perilya Broken Hill Limited, as employer, breached its duties under s 8(1) of the Occupational Health and Safety Act 2000 by failing to maintain guardrails and provide adequate systems for inspection and maintenance, exposing employees to foreseeable risk and resulting in serious injury. The presence of safety systems and post-incident improvements mitigated, but did not excuse, the offence; a penalty is required for general and specific deterrence.

Parties
Prosecutor: Robert William Regan; Defendant: Perilya Broken Hill Limited
Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Criminal (occupational Health and Safety) / Sentencing Judgment Following Guilty Plea
Outcome
Conviction and monetary penalty imposed on defendant after guilty plea.
Legal Topics
Employer Liability for Workplace Safety, Risk of Falling From Elevated Walkway, Maintenance of Safety Equipment, Sentencing in OHS Offence, Mitigation and Subjective/objective Factors
Occupational Health and Safety Industrial Law Criminal Law Employer Liability for Workplace Safety Risk of Falling From Elevated Walkway Maintenance of Safety Equipment Sentencing in OHS Offence Mitigation and Subjective/objective Factors

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Parties

Robert William Regan

Prosecutor

Perilya Broken Hill Limited

Defendant

Procedural Posture

Criminal (occupational Health and Safety) / Sentencing Judgment Following Guilty Plea

Legal Issues

  1. 1 Whether the defendant failed to ensure the health, safety and welfare at work of its employees in breach of s 8(1) Occupational Health and Safety Act 2000
  2. 2 What penalty is appropriate, having regard to the objective seriousness and subjective circumstances of the offence

Ratio Decidendi

Perilya Broken Hill Limited, as employer, breached its duties under s 8(1) of the Occupational Health and Safety Act 2000 by failing to maintain guardrails and provide adequate systems for inspection and maintenance, exposing employees to foreseeable risk and resulting in serious injury. The presence of safety systems and post-incident improvements mitigated, but did not excuse, the offence; a penalty is required for general and specific deterrence.

Court Disposition

Conviction and monetary penalty imposed on defendant after guilty plea.

Orders

  • Perilya Broken Hill Limited is convicted of the offence and fined $115,000, with a moiety to the prosecutor.
  • The defendant is to pay the prosecutor $5,974.80 as reasonable costs of the investigation.